Terms and Conditions
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1. What WILL Brunel Franklin do for you?
• Assess your claim and if appropriate, pursue a claim for the recovery of your losses on your behalf.
• Deal with all areas of your claim, including all correspondence and negotiations where required with relevant companies and/or institutions and all negotiations. It may be necessary for us to obtain further signed documentation to make this possible.
• If needed, we will pursue your claim with the Financial Ombudsman Service, the Financial Services Compensation Scheme (or other regulatory body) at no additional cost to you.
• Inform you of any/all offers of settlement we receive, evaluate them and inform you in writing whether we consider you should accept or reject the offer.
• Always act in your best interests when pursuing your claim and achieving for you the best results realistically obtainable.
• If, as per your instruction, the recovered amount is paid directly to Brunel Franklin, we will deduct our agreed fee and forward the rest of the amount awarded to you without delay. If the payment is made directly to you, which can occasionally happen, we will forward an invoice to you for immediate payment.
• We must advise that if your claim is successful, your Payment Protection Insurance will be cancelled.
2. What WON’T Brunel Franklin do for you?:
• Give/offer you financial advice.
• Advise you to pursue a claim that in our opinion has no realistic chance of success, and we reserve the right to cancel this Agreement if we form this opinion.
• Advise you to accept an offer we consider insufficient or to reject an offer we consider adequate. We reserve the right to cancel this Agreement if you decide to accept an offer of compensation we consider insufficient or to reject an offer we deem to be adequate.
• Accept an offer of compensation on your behalf without your agreement.
• Take your case to court (although we will inform you if we think you should).
3. What do we require you to do?
• Provide all relevant information we may request without delay, to enable us to pursue your claim efficiently.
• Provide us with clear instructions.
• Fully cooperate with us.
• Not to mislead us or ask us to act in an improper or unreasonable way.
• To provide us with, and ensure that we have, the exclusive authority (excluding even yourself) for the duration of the contract:
(a) to pursue your claim,
(b) to enter into correspondence and negotiations on your behalf
(c) to receive, process and provide valid receipt for any remuneration made
(d) to ask the financier of the cheque (for your compensation payment) to make it payable to Brunel Franklin so we can process it or, if the cheque is made payable to you, to pay it into a client account and
(e) to deduct our fee, as set out in this Agreement, before forwarding the balance to you.
• If a compensation payment cheque is sent directly to you, you must forward the cheque to us so we can process it, deduct our agreed fee and forward the remaining due balance to you.
• If payment is made directly into your bank account, you must pay our invoice immediately.
4. Our Fees
If we do not succeed in obtaining compensation, you pay us nothing. We charge 30% plus V.A.T. The current rate of V.A.T is 20%. So if compensation of £1,000 is awarded, our fees would be £300 plus £60.00 V.A.T totaling £360.00. You would receive £640.00.
Non Payment of Invoice
Without exception, all invoices must be paid in full within 14 days of issue. The costs of any telephone calls and invoice reminders may be added to the outstanding debt -
£10.00 + VAT Second and subsequent written reminder
£35.00 + VAT second and subsequent telephone reminder
£50.00 + VAT Solicitors Letter Before Action (LBA)
The costs of any County Court action (£30 - £108) will be added ot the outstanding debt together with statutory interest, pusuant to Section 69 of County Court Act 1984 until the debt is paid in full
5. How will Brunel Franklin collect our fees?
You are responsible for the immediate payment of our fees. These fees must be paid from the amount you are awarded.
(a) If your loan has been paid off in full you will receive your award in the form of a cheque for the full amount of the premiums paid, together with all interest that has been incurred, plus interest at 8% on the money recovered. This could equate to around 30% of the amount borrowed! However, if the loan was closed with arrears, it is likely that the compensation would be used to primarily off-set those arrears. You requested that any settlement payment be made directly to us. If the third party complies with this instruction, our agreed fees will be deducted from the settlement amount prior to sending you your compensation. This will be sent to you in the form of a ‘Brunel Franklin Client Account Cheque’. However, in many cases, the Third Party may disregard your instruction to send settlement monies to us and send the cheque directly to you. In the event this happens, you must contact us immediately upon receipt of the cheque and send the cheque to us. Once we have been made aware that you have received your settlement (either via notification from you or the Third Party), we will forward an invoice to you for immediate payment.
(b) If your loan is still in force (e.g. you are still paying the loan) your settlement may come in 2 parts.
(Part 1) You will be refunded all of the Premiums you have paid into your policy to date, along with the interest that you have incurred and further interest of 8% on this amount.
(Part 2) In addition, the Premiums you will pay during the remainder of your loan will be removed from your loan and your monthly repayments therefore reduced as a result of this, thus saving you a substantial amount of money per month. Again, the total amount recovered could amount to around 30% of your loan. If this is the settlement that you receive, our fees will be calculated on (part 1) the compensation only. We will not charge on reduction in monthly repayments.
If you benefit financially by way of a reduction of an existing debt due to arrears Brunel Franklin require our fees settling on this matter, along with any compensation recovered.
(c) In some circumstances of loan consolidation your lender may also refund Excess Balance and Interest to you. This may occur when one of the loans you were refinancing had PPI on it. Fees are charges on these amounts.
6. Cancelling this Agreement
• We can cancel this Agreement at any time. There will be no fee payable if we advise you your claim is unlikely to succeed and you have fulfilled your obligations (as laid out in section 3 of this agreement).
• There will be no fees payable if you cancel within 14 days of this agreement
• If this agreement is cancelled (by either party) when an offer of payment has been made, we will enforce our charges of 25% + VAT, plus any fees which may have been incurred by us in the administration of your claim.
• If, after the 14 day cooling off period, you cancel this Agreement prior to any offer of settlement being made, we reserve the right to charge you reasonable costs for the administration of your claim, up to the point at which you informed us you would like to cancel.
- Cancellation of this Agreement by either party must be in writing.
7. Complaints Procedure
The Company operates a complaints mechanism, full details of which are set out at http://www.brunelfranklin.com/customer-relations
8. Data Protection:
We will hold, control and process your personal information in accordance with the Data Protection Act 1998. By providing your personal information to us, you explicitly authorise us to process the information for the purposes set out in this paragraph. You can, at any time, request a copy of all information we hold relating to you by writing to us (a written Data Subject Access Request in accordance with the Data Protection Act). You will be charged an administration charge of £10.00 for this. We will use the personal information you provide to assess your claim and carry out our duties in accordance to this Agreement. We may share your personal information with other companies if necessary during the process of your claim for compensation, or any financial matters we believe may be of assistance to you. If you provide information to us about another party, you confirm that such party authorised you to do so and consents to our processing that personal information.
Credit Card Charges T's & C's
1. Flairford Securities trading as ‘Brunel Franklin’ are instructed to act as my/our representative in the recovery of excess charges imposed by my Credit Card company (which within this context includes any generic provider of financial services).
2. I/We agree that no agency other than Brunel Franklin is currently acting for me/us in the recovery of the Credit Card charges and/or PPI and that Brunel Franklin is appointed as my/our sole representative in relation to this/these matter(s).
3. Information relating to my/our claim will be provided to Brunel Franklin upon commencement of this instruction. Brunel Franklin will advise me/us of any further information required to pursue my/our claim and I/we will provide this information as soon as possible.
4. I/We understand that Brunel Franklin, by virtue of the Statute of Limitation, can only recover those charges that have arisen during the past six years (five years if resident in Scotland).
5. Upon receipt of the information from me/us and (where relevant), any additional information requested from the Credit Card company, Brunel Franklin may calculate the amount owed to me/us by the Credit Card company in respect of Credit Card charges (plus interest where due). However, Brunel Franklin accepts no liability for any errors or omissions, should the amount of the claim be miscalculated or disputed.
6. Should any direct communication regarding this matter (including letters,
telephone calls, or in personal conversations with the Credit Card company’s staff members) be entered into with the Credit Card company I/we will report this to Brunel Franklin, within 3 days from receipt and forward all relevant documentation directly to Brunel Franklin.
7. If Brunel Franklin consider the most appropriate way to proceed is through pre-court and court action, they will instruct Ashworth Law LLP. Any charges levied by Ashworth Law in respect of any action shall be borne by Brunel Franklin.
8. When Brunel Franklin have obtained settlement of my/our Credit Card / PPI charges, we will charge a 25% fee + VAT on all amounts recovered.
9. The standard 25% + VAT is payable on all sums recovered. Any court fees and/or solicitors costs, will be payable in addition to this fee should they be recovered from the Credit Card company but paid to me/us.
10. I/We agree that all monies recovered from the Credit Card company shall be paid directly to Brunel Franklin.
11. In the event that the Credit Card company pays the settlement directly to me/us or if they reduce any of our credit balances by the settlement amount, then I/we will be liable to pay the fee (and any additional costs paid on my/our behalf) directly to Brunel Franklin. (a) I/we agree to notify Brunel Franklin of any settlement received from the Credit Card company within 3 days of receipt. (b) Brunel Franklin will issue an invoice for their services which will be payable immediately.
12. I/We agree that Brunel Franklin can deduct the fees for my claim from my credit card upon completion of my case.
13. Brunel Franklin may at their discretion charge interest on any unpaid invoice at the rate of 8% per annum in respect of unpaid invoices.
14. I/We agree not to accept any settlement that is communicated directly to us by the Credit Card company without the consent of Brunel Franklin.
16. Should Brunel Franklin be unable to recover any of my/our credit card charges then no fee will be payable; however, if I/we knowingly submit a frivolous or vexatious claim, then an administration fee of £50 may be payable.
17. Termination: (a) Brunel Franklin may terminate this agreement should the amount recoverable be deemed to be insufficient to progress. (b) I/We may terminate our instructions by providing written notice to Brunel Franklin within 14 days of the date of this document. Such cancellation will not be subject to a charge. (It is recommended that you send any notice of cancellation by recorded delivery post). After the initial 14 day period, although I/we may still terminate my/our agreement I/we will be liable to pay reasonable charges for services up to the point of cancellation. I/We will be liable to pay charges, which are equal to the sum payable in my/our case should my/our claim have been settled in full. Should the value of my/our claim be unknown then I/we may be liable for the reasonable costs incurred by Brunel Franklin.
18. The Company operates a complaints mechanism, full details of which are set out at http://www.brunelfranklin.com/customer-relations
19. I/We understand that Brunel Franklin may need to disclose my/our personal information to Ashworth Law for the purpose of fulfillment of its obligations under this contract.
20. This agreement is covered by the Jurisdiction of English law and the
Courts of England and Wales.
21. These Terms and Conditions relate to any and all products or claims for which the client has instructed Brunel Franklin to act on their behalf.
Non Payment of Invoice
Without exception, all invoices must be paid in full within 14 days of issue. The costs of any telephone calls and invoice reminders may be added to the outstanding debt –
• £10.00 + VAT Second and subsequent written reminder
• £35.00 + VAT Second and subsequent telephone reminder
• £50.00 + VAT Solicitors Letter Before Action (LBA)
The costs of any County Court action (£25 – £100) will be added to the outstanding debt together with statutory interest, pursuant to Section 69 of County Court Act 1984 until the debt is paid in full.
The Claims Process
1. Once we have received your claim pack, we will assess the viability of your claim. Following an assessment of your claim, we will raise a formal complaint against your Credit Card Company for the unlawful charges on your Credit Card and simultaneously refer your case to Ashworth Law. This will progress your claim on the fastest manner.
2. A full financial breakdown of all credit card charges and PPI payments will be requested. In the event that your Credit Card Company fails to respond within 8 weeks from our original communication, then we will commence legal proceedings against your Credit Card Company.
3. Once settlement of your claim has been confirmed, your invoice will be raised – you must settle this immediately. Once you have settled your invoice in full our authority will cease and we will be discharged of any further obligations to you.
During our claim’s process, we would ask that you limit any telephone contact unless absolutely necessary because any time spent discussing your claim restricts the claim progress and increases the processing time.
Throughout our process, you may receive communications directly from your Credit Card Company regarding the progress of your claim, including statements and gestures of goodwill settlements. You must contact us within 3 days of any offer or any such communication. By doing so, you will assist the progress of your claim. We have discovered a number of major Credit Card companies are using an array of delaying tactics or attempting to offer tiny settlements. We can only advise you of the significance of any such communication if you promptly advise us upon receipt. You are advised that if you fail to advise us of any communication from your Credit Card Company, you will not only impede the progress of your claim, but may also be liable to repay disbursement costs including but not limited to: legal fees, court fees and our service charge.